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HomeMy WebLinkAboutMINUTES - 12191995 - C54 BOARD OF SUPERVISORS Contra - ; FROM: SHERIFF-CORONER 's Costa ° Count DATE: November 21, 1995 ('s Ti__;__;4 `vY SUBJECT: CONTRACT WITH CONTRA COSTA COUNTY OFFICE OF EDUCATION FOR FUNDING ASSISTANCE FOR THE SCHOOL PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION Approve and authorize the Sheriff-Coroner, or designee, to execute, on. behalf of the COUNTY, a written contract with Contra Costa County Office of Education for provision of adult education at the- Contra Costa County adult detention facilities for the period July 1, 1995 to June 30, 1996 . II . FINANCIAL IMPACT None . Total funding of this contract in the amount of $35, 054 . 00 is from the Inmate Welfare Fund. These funds equal 100 of the total costs for 15 part-time teachers and a teacher in charge. III. REASONS FOR RECOMMENDATION/BACKGROUND The County has contracted with the Contra Costa County Office of Education to provide Adult Education since JULY, 1985 . This service provides inmates with education in basic literacy, GED preparation, substance abuse prevention, computer skills, irrigation, flood control, landscaping, and horticulture projects . CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON�� I9 . 19 9S APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT-- AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. County Administrator CC: County Office of Education ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF County Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR Sheriff-Coroner M382 (10/88) Risk management BY ,11� p� —Q ,DEPUTY S`Candatd Form 1/87 STANDARD CONTRACT Number — (Purchase of Services) Fund/Org if ���� Account 0 Z 3�0 I.. Contract Identification. Other Department: Sheriff Subject: Inmate Welfare funding for educational services 2. Parties. The County of Contra. Costa, . California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Contra Costa County Office of Education Capacity: Taxpayer ID# N.A. Address: 77 Santa Barbara Road Pleasant Hill, CA 94523 3. Term. The effective date of this Contract is July 1 , 1995 and it terminates June 30, 1996 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to- Contractor under this Contract shall not .7 exceed $ 35,054 S. County's Obligations. County shall make to the Contractor those payments described U the -Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in -the Service Plan attached hereto 'which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities : California Penal Code Sections 4018. 5 and 4025(e) California Education Code Section 1900 10: Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA ATTEST: Phil Batchelor, Clerk of the Board BOARD OF SUPERVISORS of Supervisors and County Administrator By By Chairman/Designee Deputy CONTRACTOR BY BY J ASsoate Superinte Adminisyration and Ru-,inps-, SPryica_-,___ (Designate official business capacity A.) (Designate official business capacity B.) Note to Contractor: For corporations (profit or nonprofit) , the contract must be- signed by two officers . Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code 51190.1 and Corporations Code S313) . A11 signatures must be acknowledged as set forth on page two. Contra Costa County Standard Form (Rev. 1/95) APPROVALS/ACKNOWLEDGMENT Number APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSE By. By Designee Depu APPROVED: COUNTY ADMINISTRATOR By: Designee ACKNOWI-EDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, (insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the .person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AND OFFICIAL SEAL. (Seal) ' Signature ACKNOWLEDGMENT(tT Corporation,Partnmhip,or Individual) (Civil Cgde§1189) Contra Costa County Standard Form 6/90 PAYMENT PROVISIONS (Fee Basis Contracts) Number 1. Payment. Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions. County will pay Contractor the following fee as full compensation for all services. work. expenses or costs provided or incurred by Contractor: [Check one alternative only.] [X] a. S 2921.16 monthly. or [ ] b. S per unit. as defined in the Service Plan. or [ ] c. S after completion of all obligations and conditions herein. 2. Payment Demands. Contractor shall submit written demands. Said demands shall be made on County Demand Form D-15 and -in the manner and formf(O rescribed by County. Contractor shall submit said demands for payment no later than days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of said payment demands by the head of the County Department for which this Contract is made. or his designee. County will -make payments asspecified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. When Contractor fails to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above. and as a result of Contractor's late submission the County is unable to obtain reimbursement from the State of California or otherwise: to the extent the County's recovery of funding is prejudiced. County shall not pay Contractor for such services. even though such services were fully provided. 4. Right to W.ithold. County has the right to withold payment to the Contractor when. in the opinion of the County expressed in writing to the Contractor. (a) the Contractor's performance. in whole or in part. either has not been carried out or is insufficiently documented. (b) the Contractor has neglected. failed or refused to furnish information or to cooperate with any inspection. review or audit of its program. work or records. or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving. replying to: and/or complying with any audit exceptions by appropriate County.. State or Federal audit agencies occurring as a result of its performance of this Contract. Contractor also agrees to pay to the County within 30 days of demand by County the full amount of the County's obligation. if any. to the State and/or Federal government resulting from any audit exceptions. to the extent such are attributable to the Contractor's failure to perform properly any of its obligations under is Contract. Initials: -� o r or County Dept. v. GENERAL CONDITIONS (Purchase of Services) 1. Compliance with Lay. Contractor shall be subject to and comply with all Federal, State and local laws and regulations applicable with respect to its perfor- mance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Cantractor's performance, place of business and records per- taining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such addi- tional records pertaining to this Contract as may be required by the County. a. Retention of Records. The Contractor shall retain all documents per- taining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all Federal/State audits are complete and exceptions resolved for this contract's funding period. Upon request, Contractor shall make these records avail- able to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security. Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years. after the furnishing of services pursuant to this Contract, make available to the Secretary of Health and Human Services or to the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor that are necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available, to the County, to the Secretary or to the Comptroller General, or any of their duly authorized representatives, the subcontract and books , documents, and records of the subcontractor that are necessary to verify the nature and extent of all posts and charges thereunder. This special condition is in addition to any and all other terms regarding the main- tenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to. Government Code §7550, Contractor shall include in all documents or written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract exceeds $5,000. LI VI GENERAL CONDITIONS (Purchase of Services) S. Termination. a. Written Notice. This Contract may be terminated by either party, at their sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. The County, upon written notice to Contractor, may immediately terminate this Contract should the Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, the County may proceed with the work in any reasonable manner it chooses . The cost to the County of completing Contractor's performance shall be deducted from any sum due the Contractor under this Contract, without prejudice to the County's rights otherwise to recover its damages . c. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that Federal, State, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be devel- oped and set forth in a written Informal Agreement between the Contractor and the County. Such Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Such Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid the Contractor as provided herein. Informal Agreements may be approved and signed by the head of the County Department for which this Contract is made or his designee. 8. Modifications and Amendments. a. General Amendments. This Contract may be modified or amended by a written document executed by, the Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required State or Federal approval. b. Administrative Amendments. Subject to the Payment Limit, the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by the Contractor and the County Administrator or his designee, subject to any required State or Federal approval, provided that such administrative amendments may not materially change the Payment Provisions or the Service Plan. 9. Disputes. Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final determination in writing by the head of the County Department for which this Contract is made or his designee or in accordance with the applicable procedures (if any) required by the State or Federal Government. -2- GENERAL CONDITIONS (Purchase of Services) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. b. Any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should Federal or State regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract shall be deemed amended to assure conformance with such Federal or State requirements. 12. No Vaiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of the County indicating the Contractor's ' performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, shall not relieve the Contractor's obligation to fulfill this Contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subconttacts for any work contemplated under this Contract and shall not assign this Contract or monies due or to become due, without the prior written consent of the County Administrator or his designee, subject to any required State or Federal approval. 14. Independent Contractor Status. This- Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. 15. Conflicts of Interest. Contractor, its officers, partners, associates, agents, and - employees, shall not make, participate in making, or in any way attempt to use the position afforded them by this Contract to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable State or Federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. -3- IAV GENERAL CONDITIONS (Purchase of Services) b. No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly.and intentionally _disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to all qualified persons regardless of age, sex, race, religion, color, national origin, or ethnic background, or handicap, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. The Contractor shall defend, indemnify, save, and hold harmless the County and its officers and employees from any and all claims, costs and Lability for any damages, sickness, death, or injury to persons) or property, including without limitation all consequential damages, from any cause whatsoever arising directly or indirectly from or connected with the operat=ons or services of the Contractor or its agents, serven_s, 'employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct of the County or its officers or employees. Contractor will reimburse the County for any expenditures, including .reasonable attorneys fees, the County may make by reason of the matters that- are the subject of this indemnification, and if requested by the County will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of the Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in.effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Liability Insurance. The Contractor shall provide comprehensive Labi— lity insurance, including coverage for owned and non—owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance shall be endorsed to include the County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, and their officers, agents, and employees, so that- other insurance policies held by them or their self—insurance program(s) shall not be required to contribute to any loss covered I under the Contractor's insurance policy or policies. b. Workers' Comvensation. The Contractor shall provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor shall provide the County with (a) certificates) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance poLcy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the Policy at any time during the term of this Contract, then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by the Contractor shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. bcanaara rorm GENERAL CONDITIONS (Purchase of Services) 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the County shall be addressed to the head of the County Department for which. th;s Contract is made. Notices to the Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to the County shall be the date of receipt by the head of the County Department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions, the Special Conditions (if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchase of all or any such services from Contractor. 23. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code §107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code §107.6, and waives all rights to further notice or to damages under that or any comparable statute. 24. No Third—Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either the County or Contractor that such individuals occupy the position of intended third—party beneficiaries of the obligations assumed by either party to this Contract. 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. If any material is subject to copyright, the County reserves the right to copyright such and the Contractor agrees not to copyright such material. If the material is copyrighted, the County reserves a royalty—free, nonexclusive, and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. f —5— SPECIAL CONDITIONS The following paragraphs of the General Conditions are superseded and replaced with the following provisions: 1. Paragraph 5, Termination, is superseded and replaced with the following: This contract may be terminated by either party upon written notice thereof to the other on or before February IS, effective the following July 1. 2. Paragraph 18, Indemnification, is superseded and replaced by the following paragraphs: 71ze Contractor shall defend, save harmless and indemnio the County and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitations, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the Contractor hereunder, resulting from the conduct, negligent or otherwise, of the Contractor, its agents or employees. The County shall defend, save harmless and indemnify the Contractor and its officers, agents and employees from all liabilities and claims for damages for death, sickness or injury to persons or property, including without limitation, all consequential damages, from any cause whatsoever arising from or connected with the operations or the services of the County hereunder, resulting from the conduct, negligent or otherwise, of the County, its agents or employees. SERVICE PLAN A- CONTRACTO ' S OBLIGATIONS: Contractor shall provide the following services, including but not limited to: 1. SCHOOL PROGRAM The contractor shall provide inmates direct instruction including but not limited to instruction in the following areas: ' Orientation Adult Basic Education GED Preparation High School Subjects Computer Literacy Vocational Education - Gardener/Landscape Substance Abuse Education Above classes will be established and maintained in accordance with the California Education Code, and shell be approved by the County Board of Education. The contractor will provide classroom instructors, instructional materials, equipment, and support services. 2 . PROGRAM SUPPORT AND COORDINATION The contractor shall provide an administrator who will administer program, supervise all school staff, coordinate with all jail sites, provide for program evaluation and serve as a single designee of the_ County Office of Education to the Director of Inmate Services and Detention Division Administrative personnel . 3 . EVALUATION The contractor shall provide an annual written report of both program and student outcomes. Criteria for the evaluation of the school program shall. be established by the contractor, after consultation with the Adult Education Advisory Committee. Performance measures shall be based upon established program and course goals and objectives. This annual process will also include a survey of teachers, detention facility staff, and inmates, after consultation with Adult Education Advisory Committee. The survey results will be utilized to establish subsequent year annual goals and objectives, provided such .goals and objectives fall within the I:\WPWIN60\WELFARE\SCH00L.SVC 03 Nov 95, 4:09pm l guidelines of the state Education Code, County Office of Education Policy, program budget and are reviewed and approved by the Adult Education Advisory Committee. B_ S_TLB)F.NT RECORDS In accordance with the Education Code, Section 5125.1 d, the Sheriff- Coroner shall provide space for the maintenance of current records of inmate actively enrolled in the school program. Student records shall include file folder, legal attendance documents, transcripts and samples of student work. At the Martinez Detention Facility, transcripts from all sites representing the last three years and other records from the current year plus one year pervious will be stored on site, behind the folding doors within the school department area. At Marsh Creek Detention Facility, records from the current school year plus two years previous, will be stored on site in the school office. Transcripts will be sent to Martinez Detention facility and kept in the central transcript file. At West County Detention Facility, records from the current school years plus two years previous, will be stored in the school office. Transcripts will be sent to the Martinez Detention Facility and kept in the central transcript file. Student records from all three sites will be purged and boxed at the end of each school year. Any files not representing the upcoming school year plus two years previous, will be moved to West County Detention Facility for storage. ADULT RDUCATTON ADVTSORY COMMITTEE Contractor shall establish together the with the Office of the Sheriff-Coroner an Adult Education Advisory Committee. Such committee shall be composed -of the Director of Alternative Education, the Program Administrator, all teachers-in- charge and/or other designated teachers as appropriate, the Detention Division Commander, the Detention Division Administrative Lieutenant, the Director of Inmate Services, facility commanders, and/or other custody personnel as appropriate. The committee shall meet a minimum of at least once per quarter, and shall establish: Program graduation schedules GED testing schedules Annual program goals and objective review Safety and security training format and schedule for school staff I:\WPWIN60\WELFARE\SC1400L.SVC 03 Nov 95, 4:09pm 2 D SHERIFF-CORONER OBLIGATIONS: The County, through the Sheriff's Department, shall provide ongoing support to the Contractor in performing services in the Service Plan. Said support shall include, but not be limited to, the following: A. Provide classroom and office space. B. Provide utilities (electricity, water, garbage, telephone and modem lines). C. Provide inter-site mail and delivery services via Department transportation. D. Continue current level of provision of photocopying services. E. Designate a coordinator/liaison to work with the contractor in the contractor's performance of this contract. F. Whenever possible, to provide 48-hour notice whenever classes are to be canceled. G. Compensate the Contractor (through the Inmate Welfare Fund) for 10% of the total personnel expenses incurred for one (1) teacher-in-charge and fifteen (15) part-time hourly staff to accomplish the contractor's obligation as described below. TEACHER-IN-CHARGE POSITIONS Base salary of two full-time positions $88,744 X 10% _ $ 8,874 TOTAL $ 8,874 PART-TRYIE HOURLY INSTRUCTORS 15 Instructors Salary $229,560 Benefits 32,242 TOTAL $261,802 10% of Total $ 26,180 TOTAL $26,180 GRAND TOTAL $35,054 I:\WPWIN60\WELFARE\SCH00L.SVC 03 Nov 95, 4:09pm 3